FAQ

Protect your rights until you can talk with a criminal defense attorney by using the following tips… Read More »

What should I do if I’m pulled over for a DWI/DUI?

First of all, DO NOT DRINK UNREASONABLY and DRIVE, as the consequences can be extremely serious… Read More »

What should I do if I’m the subject of a criminal investigation?

Once a law enforcement officer believes he has enough evidence against you, he will arrest you. If he wants to “chat” with you under any pretext, it is usually to accumulate more evidence against you, or to obtain the evidence he is missing. DO NOT LET HIM!… Read More »

Not everyone who is injured in an accident is entitled to damages. There are many factors to be considered in determining whether you have a viable personal injury lawsuit… Read More »

How much is my case worth?

There is no proven formula to determine exactly how much a case is worth. It will depend on the evidence, such as your testimony, medical records, the police or incident report and information contained therein, witness statements, medical testing and any other relevant materials… Read More »

What types of injuries qualify for compensation?

There are two general categories of damages – economic and non-economic damages. Economic damages include things such as medical bills, lost wages, costs for prescription medication, co-pays on insurance, etc. Non-economic damages, include pain and suffering, loss of enjoyment of life, emotional distress, etc. You can be compensated for both past and future economic and non-economic damages.

How long do I have to bring a claim?

The period of time in which you have to bring an action is called a statute of limitations. The statutes of limitations in Florida are: four (4) years in a personal injury claim; two (2) years in a wrongful death case; (2) years in a claim for medical negligence depending on when the claim was discovered. There may be other statute of limitations which apply to your specific claims. If the statute of limitations expires before you bring an action, your right to a claim will be forever barred. You should speak with a personal injury attorney as soon as possible following your accident in order to preserve your cause of action.

How long will it take to resolve my case?

The complexity of the accident as well as the severity of your injuries and your course of medical treatment usually determines how long a case will take. For example, if you suffer only minor soft tissue injuries, and complete your treatment in a few months, then the resolution of your case will be faster than if you have more severe injuries that require surgery and a lengthy recovery period. Your case will track your medical treatment, and thus most cases will not be resolved until you have completed your medical treatment and we can determine how your injuries will affect you in the future. Taking into consideration all of the above factors, most cases are resolved within 6 to 18 months.

One final factor which can influence the time in which your case is resolved is whether or not a legal action has to be filed and the case taken to trial. Many cases settle out-of-court because settling reduces the risks and is cost-effective for all parties. However, we cannot always predict whether a case will settle or wind up going to trial. The decision on whether or not to initiate legal action is something that we will decide with you after every attempt to settle the case has been exhausted.

What will the attorney’s fees and costs be for handling my case?

At Morgan & Barbary, we want you to be able to focus fully on a complete recovery from your injury, free of worry over the cost of our quality representation. This means you will not be charged any attorney fees unless there is a recovery, whether by settlement or jury verdict.

In accordance with guidelines set by the Florida Supreme Court we use a contingency fee contract in which our fees are limited to 33.3% if no lawsuit is filed; 40% if a lawsuit is filed and the defendant files an answer.

In addition, all of the costs and expenses of litigation, things such as copies of your medical records, the cost of sending certified mail, investigation expenses, charges for reports from medical experts and testimony of medical experts, and various other costs, are paid in advance by Morgan & Barbary. Our firm requires that these costs be paid back out of your settlement, separate from our percentage fee, however, if you do not receive any settlement or judgment, our firm will not require that you pay us back for the costs we paid on your behalf. That means there are no costs to you unless your case results in a recovery.

What should I do after an accident?

There are 7 things you should do immediately after an accident… Read More »